Custody Procedures Flashcards

1
Q

Directing to court

A
  • Needs to have sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge
  • CPS to charge
  • Police can charge, summary offence, Plea, retail theft or offence anticipated guilty plea
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2
Q

Full Code test

A

Evidence stage
- realistic prospect of conviction
- Officer must ensure all points to prove for offence

Public interest stage
- public interest for case to be prosecuted at court
- would be better as - out of court disposal

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3
Q

Out of court disposal

A
  • PND
  • Restorative justice
  • Adult caution
  • youth caution
  • Triage
  • Community resolution
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4
Q

Adult caution (simple)

A

-Formal warning
- Admits offence
- Offence is eligible
- Non statutory disposal

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5
Q

Adult caution (conditional)

A
  • similar to simple

Caution but has to be rehabilative, reparative and I or punitive contortive attached to it must be appropriate and achievable and proportionate

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6
Q

Youth Caution

A
  • Admits guilt
  • referred to YOT
  • same requirements as adult caution
  • appropriate adult present
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7
Q

Community resolution order

A
  • Agreement between victim and offender
  • similar to restorative justice techniques
  • informal non-statuary disposal
  • guilty admission

NOT:
- Domestic - Hate Crimes - Sexual offence -weapons -firearms

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8
Q

Released under investigation (RUI)

A
  • Released pre-charged with no condition
  • No time restraint
  • last resort
  • no further action
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9
Q

Post charge bail

A
  • To attend magistrates
  • cases have initial hearing
  • Custody officer has responsibility
  • No Live link
  • Powers of arrest fail to appear
  • live link if suspect in custody
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10
Q

Informing suspect of bail or RUI

A
  • Must inform suspect
    -Every 28 Days
  • No further actions - Letter sent
  • consider suspect informed of further allegation
  • falsely accused - treated as victim
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